Stottle v. Chicago, Rock Island & Pacific Railway Co.

Steve Martin was killed about August 18, 1923, while employed by defendant company in switching cars in defendant’s yards in Kansas City, Kansas. He left a wife and two small children. Burr S. Stottle, his administrator, filed this suit for damages on account of that death, alleging among other things that Martin and defendant were engaged in interstate commerce at the time of his death and that it was caused by violation of the Safety Appliance Act. Other allegations of negligence appear in the petition.

Defendant in its answer, after a general denial, pleaded assumption of risk and…